When a congregation splits from a denomination, what becomes of the church property? More specifically, how have US state courts wrestled with the issue of religious property disputes while trying to preserve the autonomy of church doctrine? Prof. Michael McConnell (Stanford Law School) answers these questions in historical context. He notes how judicial decisions have changed from the traditional “English Rule” favoring hierarchical denominations over congregations, to perspectives that are less intrusive into the internal doctrine and organization of a faith, nothing that there is still a great deal of ambiguity in the law. He argues for an approach known as “strict neutral principles.”

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Prof. Francis Beckwith (Baylor University) discusses his new book “Taking Rites Seriously,” and how secular rationalism has permeated our legal decisions and what that means. He discusses the intellectual framework surrounding secular rationalist arguments, why he considers them limited, and discusses how this affects the freedom of religious believers. We cover issues such as abortion, intelligent design, and the Pledge of Allegiance.

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Do citizens in religiously-active countries prefer to have members of the clergy directly intervene in the politics of their nation? While one might assume they would, Prof. David Buckley (U of Louisville) discovers the opposite finding; religious individuals prefer to see their spiritual leaders less involved in governmental decision-making. Dr. Buckley discusses how religious leaders in such countries already have informal networks of influence and how direct involvement in politics runs the risk of tarnishing the moral authority of clergy and dividing their flock.

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The rise of charter schools over the past quarter century has altered the way in which we think about the nexus of religion and state with respect to education. Prof. Aaron Saiger of Fordham University Law School documents changes in the American educational system and how religious communities are reacting to the charter school movement.

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